Title 45 — MINING, OIL AND GAS
16 chapters · 387 sections in this title.
SDCL § 45-4-1 Discovery of lode within limits of claim essential
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No location of a mining claim may be made until the discovery of the vein or lode within the limits of the claim located. Source: SDC 1939, § 42.0103 as added by SL 1955, ch 152 , § 1; SL 2011, ch 165 , § 166.
SDCL § 45-4-10 Location certificate--Surface ground included and excluded
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The location or location certificate of any lode claim includes all surface ground within the surface lines of the lode claim and all lodes and ledges throughout their entire depth, the top or apex of which lie inside of the lode claim lines extended vertically and including part…
SDCL § 45-4-11 Longitudinal limits of claim
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If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exteri…
SDCL § 45-4-13 Right to mine separate from right to surface--Security required of miner--Enforcement
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When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused, may enjoin such miner from working until such security is g…
SDCL § 45-4-14 Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor
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Any person, firm, association, or corporation who makes or sinks discovery shafts, open cuts, adits, or equivalents on a mining claim or on mineral property, ground, or premises shall immediately, while using the discovery shafts, open cuts, adits, or equivalents, make them secur…
SDCL § 45-4-15 Actions involving mining claims--Proof of customs, usages, or regulations
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In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state and of the United St…
SDCL § 45-4-16 Actions involving mining claims--Survey ordered by court
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In all actions in any circuit court of this state in which the title or right of possession to any mining claim is in dispute, the court may, upon application of any of the parties to the suit, enter an order for the underground as well as surface survey of the part of the proper…
SDCL § 45-4-17 Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property
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The order specified in § 45-4-16 shall designate some competent surveyor not related to any of the parties to the suit nor in any way interested in the result of the suit to conduct the survey. Upon the application of the party adverse to the application, the court may also appoi…
SDCL § 45-4-18 Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits
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No such order may be made for survey and inspection except in open court or in chambers upon notice of at least six days, and only by agreement of parties or upon the affidavit of two or more persons that the survey and inspection is necessary to the just determination of the sui…
SDCL § 45-4-19 Order for removal of obstacles in drifts or shafts
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The court may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of the property if removal is shown to be necessary to a just determination of the question involved. Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC…
SDCL § 45-4-2 Conditions precedent to filing of location certificate
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Before filing a location certificate pursuant to § 45-4-4 , the discoverer shall locate the claim: (1) By erecting a monument at the place of discovery and posting on the monument a plain sign or notice containing the name of the lode, the name of any locator, the date of discove…
SDCL § 45-4-20 Association with another to obtain possession of a lode, gulch, or placer claim by force and violence, by threats of violence, or by stealth--Misdemeanor
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Any person who associates with another to obtain possession of a lode, gulch, or placer claim, then in the actual possession of another, by force and violence or by threats of violence or by stealth, and who carries out such purpose by: (1) Making threats against the person or pe…
SDCL § 45-4-21 Trials under § 45-4-20 --Evidence sufficient for conviction
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On trials under § 45-4-20 , proof of a common purpose of two or more persons to obtain possession of property or to intimidate laborers as set forth in § 45-4-20 , accompanied or followed by any of the acts specified, by any of them, is sufficient evidence to convict any person c…
SDCL § 45-4-22 Writs of injunction to restore person to possession of mining property
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The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property: (1) From which the person may have been ousted by force and violence or by fraud; (2) From po…
SDCL § 45-4-23 Recording required--Affidavit of labor--Recording fee
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On or before December thirtieth, following the end of each federal assessment year for which labor is performed or improvements are made or compliance requirements arising under federal law to hold a mining claim have been met, the person on whose behalf such labor was performed,…
SDCL § 45-4-3 Marking surface boundaries of claim
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Surface boundaries shall be marked by eight substantial posts, hewed or blazed on the side or sides facing the claim and plainly marked with the name of the lode and the corner, end, or side of the claim that they respectively represent and sunk in the ground; one at each corner …
SDCL § 45-4-4 Location certificate--Recording of claim--Contents--Validity
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The discoverer of a lode shall within sixty days from the date of discovery record the claim in the office of the register of deeds of the county in which the lode is located by a location certificate which shall contain: (1) The name of the lode; (2) The name of the locator or l…
SDCL § 45-4-5 Location certificate limited to single location
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No location certificate may claim more than one location whether the location is made by one or several locators. If the certificate purports to claim more than one location, it is void except as to the first location described in the certificate. If the locations are described t…
SDCL § 45-4-6 Dimensions of lode claim--Determination of width by election
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The length of any lode claim may equal but not exceed fifteen hundred feet along the vein or lode. The width of a lode claim shall be three hundred feet on each side of the center of the vein or lode. However, any county may, at any general election, determine upon a width less t…
SDCL § 45-4-7 Fee for recording and certification of location certificate--Certified copy
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The register of deeds may receive the fee as established by subdivisions 7-9-15(1) and (2) for each location certificate recorded and certified by the register of deeds and shall furnish the locators with a certified copy of the certificate if demanded. Source: PolC 1877, ch 31, …
SDCL § 45-4-8 Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location
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If the locator of any mining claim or the locator's assigns: (1) Believes that the original certificate was defective or erroneous; (2) Believes that the requirements of the law were not complied with before filing; or (3) Desires to change the surface boundaries of the claim or …
SDCL § 45-4-9 Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate
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The relocation of an abandoned lode mining claim shall be by fixing new boundaries in the same manner as if it were the location of a new claim, or the relocator may erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new discovery …